the
signature of some competing exhibitor and substantiated by
affidavit or other sworn testimony establishing a prima facie
case of such fraud or misconduct in procuring or making of said
award.
The arbitration committee of the Exposition Company replied to the
foregoing propositions as follows:
NOVEMBER 11, 1904.
DEAR SIR: After consulting Judge Boyle I find that the
suggestions you have presented for a finding by the board of
arbitration will be acceptable to both of us if the following
amendments are made:
First. Change in the first clause, so as to read as follows:
"The awards as made by the superior jury are final and binding
upon the Exposition Company and the National Commission, except
as to any award or awards which are impeached by said company or
Commission for fraudulent conduct on the part of said jury in
making the awards."
Second. Omit entirely the third clause.
We are of the opinion that ample provision is made in the rules
and regulations for having any fraud or fraudulent conduct on
the part of any subordinate jury or juror fully considered and
determined by appeal to the superior jury, and that no further
precaution or provision is needed unless the conduct of the
superior jury is shown to have been fraudulent.
Our purpose in striking out the third clause is that a charge of
fraud against the superior jury should be made only when
supported with the character and dignity pertaining to the
Exposition Company or the National Commission, and that the
provision made in the third clause for affidavits is wholly
unnecessary because the charge would not be made by either of
those bodies except upon such evidence as they would be
satisfied warranted making the charge.
Yours, very truly,
CHAS. W. KNAPP,
_Member Board of Arbitration_.
Hon. JOHN M. THURSTON,
_Member Arbitration Board, National Commission._
On November 12, 1904, the Commission addressed the following
communication to the President of the Exposition Company, forbidding the
use of the signature of the president of the Commission to any
certificate of award until the matter at issue was determined.
NOVEMBER 12, 1904.
SIR: Your letter of November 8 received and contents noted. The
statements contained therein as to what occurred in your office
on the 19th of Oc
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